November 2011 – Federal Register Recent Federal Regulation Documents

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue a Department-wide system of records notice titled, ``Department of Homeland Security/ ALL017 General Legal Records System of Records.'' This system will assist attorneys in providing legal advice to the Department of Homeland Security on a wide variety of legal issues. As a result of the biennial review of this system, updates have been made to the routine uses within this notice and other administrative non-substantive changes. The subsections of the exemptions have been updated for accuracy and a new Notice of Proposed Rulemaking has been published. Until a new Final Rule is published, the Final Rule published on October 1, 2009 remains active and in place. This system will continue to be included in the Department of Homeland Security's inventory of record systems.

This document contains corrections to a notice of proposed regulations that were published in the Federal Register on Thursday, November 3, 2011. These regulations provide guidance relating to the taxation of the income of foreign governments from investments in the United States. The regulations affect foreign governments that derive income from sources within the United States.

The National Science Foundation (NSF) is required to publish a notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at title 45 part 670 of the Code of Federal Regulations. This is the required notice of permit applications received.

Notice is hereby given that, pursuant to 16 U.S.C. 460l- 9(c)(1), the boundary of Colorado National Monument is modified to include an additional two and forty-five hundredths (2.45) acres of land identified as Tract 01-140, tax parcel number 2697-343-04-009. The land is located in Mesa County, Colorado, immediately adjacent to the current eastern boundary of Colorado National Monument. The boundary revision is depicted on Map No. 119/106,532 dated January 2011. The map is available for inspection at the following locations: National Park Service, Intermountain Land Resources Program Center, 12795 W. Alameda Parkway, Lakewood, CO 80225-0287 and National Park Service, Department of the Interior, Washington, DC 20240.

The interim final rule published in the Federal Register on April 27, 2011, (76 FR 23479-23485) sets forth rules to implement TYA. Included in this interim final rule were provisions for updating TYA premiums for each CY. This notice provides the updated TYA Program premiums for CY 2012.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 2290/SP/FR Heavy Highway Vehicle Use Tax Return.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

The Food and Drug Administration (FDA) is announcing the availability of draft guidance for industry 217 entitled ``Evaluating the Effectiveness of Anticoccidial Drugs in Food-Producing Animals.'' The draft guidance, when finalized, is intended to provide guidance to industry for designing and conducting clinical effectiveness studies, and describes criteria that the Center for Veterinary Medicine (CVM) thinks are the most appropriate for the evaluation of the effectiveness of anticoccidial drugs intended for use in poultry and other food-producing animals. The draft guidance also suggests times during the evaluation of effectiveness when sponsors may wish to consult with CVM.

The Environmental Protection Agency (EPA) is granting a petition submitted by Eastman Chemical CorporationTexas Operations (Eastman Chemical) to exclude from hazardous waste control (or delist) a certain solid waste. This final rule responds to the petition submitted by Eastman Chemical to delist three waste streams generated from its rotary kiln incinerator (RKI). These waste streams are the rotary kiln incinerator (RKI) bottom ash, RKI fly ash, and RKI scrubber water blowdown. The RKI bottom ash and the RKI fly ash are derived from the management of several F-, K-, and U-waste codes. These waste codes are F001, F002, F003, F005, F039, K009, K010, U001, U002, U031, U069, U107, U112, U117, U140, U147, U161, U213, and U359. The Scrubber water blowdown produced by the RKI's air pollution control equipment is also derived from the management of several F-, K-, and U-waste codes as well as certain characteristic hazardous wastes. These waste codes are D001, D002, D003, D007, D008, D018, D022, F001, F002, F003, F005, F039, K009, K010, U001, U002, U031, U069, U107, U112, U117, U140, U147, U161, U213, and U359. The RKI is authorized to manage a list of additional F- , K-, U-, and P- codes to cover off-site sources not attributed to the above waste codes. If these waste codes are not specifically listed in the delisting exclusion, they are not covered by the exclusion and can not be managed as non-hazardous, unless and until, the exclusion is modified to include them. After careful analysis and evaluation of comments submitted by the public, the EPA has concluded that the petitioned wastes are not hazardous waste when disposed of in Subtitle D landfills or in the case of the scrubber water blowdown, discharged in conjunction with its TPDES discharge permit. This exclusion applies to the RKI bottom ash, RKI fly ash and RKI scrubber water blowdown generated at Eastman Chemical's Longview, Texas facility. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) when disposed of in Subtitle D landfills or discharged in accordance with a TPDES permit but imposes testing conditions to ensure that the future-generated wastes remain qualified for delisting.

The Food and Drug Administration (FDA) is correcting a notice that appeared in the Federal Register of Monday, November 7, 2011 (76 FR 68769). The document announced a public workshop entitled ``Bridging the Idea Development Evaluation Assessment and Long-Term Initiative and Total Product Life Cycle Approaches for Evidence Development for Surgical Medical Devices and Procedures.'' The document was published with an incorrect docket number. This document corrects that error.

EPA has authorized its contractor, Primus Solutions, Inc., (Primus) of Greenbelt, MD, to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

The Agency is announcing the availability of a Pesticide Registration Notice (PR Notice) regarding the data development efforts of the Non-Dietary Exposure Task Force (NDETF). This PR Notice (PR Notice 2011-2) was issued by the Agency on November 10, 2011. PR Notices are issued by the Office of Pesticide Programs to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. This particular PR Notice updates PR Notice 2000-7 that initially announced the formation of the NDETF. The updated Notice provides current information concerning the NDETF's development of data supporting pesticide registration, in which registrants may wish to participate.

We propose to adopt a new airworthiness directive (AD) for all Pratt & Whitney PW4050, PW4052, PW4056, PW4056(-3), PW4156, PW4060, PW4060(- 3), PW4060A, PW4152, PW4152(-3), PW4156A, PW4158, PW4158(-3), PW4460, PW4460(-3), PW4462, and PW4462(-3) turbofan engines. This proposed AD was prompted by reports of five engine in-flight shutdowns and seven unplanned engine removals. This proposed AD would require inspections, cleaning, and engine modifications to address coking in the No. 4 bearing compartment and oil pressure and scavenge tubes. We are proposing this AD to prevent an engine fire, a fractured fan drive shaft, and damage to the airplane.

In this Final Rule, the Federal Energy Regulatory Commission revises its regulations governing interstate natural gas pipelines to prohibit multiple affiliates of the same entity from bidding in an open season for pipeline capacity in which the pipeline may allocate capacity on a pro rata basis, unless each affiliate has an independent business reason for submitting a bid. The Commission does not find it necessary to adopt its proposal in the Notice of Proposed Rulemaking that if more than one affiliate of the same entity participates in such an open season, then none of those affiliates may release any capacity obtained in that open season pursuant to a pro rata allocation to any affiliate, or otherwise allow any affiliate to obtain the use of the allowed capacity.

This Notice of Proposed Rulemaking (NPRM) proposes to classify the following two steroids as ``anabolic steroids'' under the Controlled Substances Act (CSA): prostanozol (17[beta]-hydroxy- 5[alpha]-androstano[3,2-c]pyrazole) and methasterone (2[alpha],17[alpha]-dimethyl-5[alpha]-androstan-17[beta]-ol-3 -one). The Drug Enforcement Administration (DEA) believes that this action is necessary to prevent the abuse and trafficking of these steroids. If the regulations are amended, these steroids will be listed as Schedule III controlled substances subject to the regulatory control provisions of the CSA.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending certain emergency preparedness (EP) requirements in its regulations that govern domestic licensing of production and utilization facilities. The final rule adds a conforming provision in the regulations that govern licenses, certifications, and approvals for new nuclear power plants. The final rule codifies certain voluntary protective measures contained in NRC Bulletin 2005-02, ``Emergency Preparedness and Response Actions for Security-Based Events,'' and generically applicable requirements similar to those previously imposed by Commission orders. In addition, the final rule amends other licensee emergency plan requirements based on a comprehensive review of the NRC's EP regulations and guidance. The requirements enhance the ability of licensees in preparing to take and taking certain EP and protective measures in the event of a radiological emergency; address, in part, security issues identified after the terrorist events of September 11, 2001; clarify regulations to effect consistent emergency plan implementation among licensees; and modify certain EP requirements to be more effective and efficient.

The EPA is proposing amendments to the national emissions standards for hazardous air pollutants for Ferroalloys Production to address the results of the residual risk and technology review that the EPA is required to conduct under the Clean Air Act. These proposed amendments include revisions to particulate matter standards for electric arc furnaces, metal oxygen refining processes, and crushing and screening operations. The amendments also add emission limits for hydrochloric acid, mercury, polycyclic aromatic hydrocarbons, and formaldehyde from electric arc furnaces. Furthermore, the amendments expand and revise the requirements to control fugitive emissions from furnace operations and casting. Other proposed requirements related to testing, monitoring, notification, recordkeeping, and reporting are included. We are also proposing to revise provisions addressing periods of startup, shutdown, and malfunction to ensure that the rules are consistent with a recent court decision.